1.Everyone shall possess the right to freely express and publicise his thoughts in words, images or by any other means, as well as the right to inform others, inform himself and be informed without hindrance or discrimination
2.Exercise of the said rights shall not be hindered or limited by any type or form of censorship
Constitution of the Portuguese Republic, Article 37.º

Gonçalo Amaral : 'Book Ban limits Freedom of Expression'

The former Judiciary Police inspector stated that the decision to uphold the banning on the book "Maddie - The Truth of the Lie" is «completely out of context»

Gonçalo Amaral considered today the decision to uphold the banning of his book is «completely out of context», in which it is defended the thesis of Kate and Gerry McCann involvement in their daughters disappearence.

After affirming that he will appeal to the ruling, Gonçalo Amaral said that he disagrees with the judge Gabriela Cunha Rodrigues decision, stressing that it reflects "the state where freedom of expression is in Portugal".

"Of course I do not agree with the decision. If we had agreed we wouldn't have opposed to the injunction. This decision places in question and continues to limit my freedom of expression. Therefore, it is completely out of context", he said.

Gonçalo Amaral promises to fight

Outside the courthouse, in Lisbon, Gonçalo Amaral reiterated that the ruling read today, at 7th Civil Court, "is another step" in the battle that he is fighting in court with the McCann couple, parents of the child who disappeared in the Algarve in May 2007.

"We are prepared to go to the European Court of Human Rights if necessary", he said, admitting that he is suffering a "persecution" by the British couple, who have other cases against the former Judiciary Police inspector.

Amaral, who was part of the PJ investigative team set up to find Madeleine McCann, said that "it is the survival" of his family who is being placed at risk.

McCanns trust in Justice

For its part, the lawyer for Kate and Gerry McCann - who on Friday will promote a press conference in London - was glad to see "justice made" by the decision to withdraw from the market the book and the video [DVD] with the same title, based on a documentary broadcast on TVI .

"No one can offend a citizen or citizens who are not convicted in court. This was a good decision. I believe that my clients are now in a position where they can defend themselves in court," said Isabel Duarte, alluding to other actions brought against Gonçalo Amaral, one for defamation, that seeks damages of at least 1.2 million euros, and another for breach of secrecy.

Isabel Duarte said she trusted "the Portuguese courts" and noted that Kate and Gerry "do not know where Madeleine is and even though they live daily with the lies of many, they keep fighting with every strength".

"There are many people organized on the Internet, with hundreds of 'blogs', where they call them all the names. This is bad. My clients struggle against bandits and need support", she said.

The lawyer said she had notified the court decision to the McCanns through a cell phone message and that Kate said: "This is the beginning of a new situation that can reopen the search for Madeleine."

The trial of the injunction, ordered temporarily to 09 September 2009, was held in four sessions in mid-January.

In addition to Gonçalo Amaral, there were also a target Guerra & Paz, the publisher of the book, TVI and Valentim de Carvalho, who sold the DVD broadcast in a documentary on that TV station. All will appeal the decision.

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66 comments:

Out of context, sorry! However as one of the McCanns supporters, it is clear that JK Rowling has her own 'Maddie' to hide!

There are startling similarities between 'Harry Potter' and 'Wizard Willy'!

Incidentally, we are, according to Duarte, a band of criminals because we dont believe the lies of the McCanns!

Look out! We are the old hags (sorry, but she does look like the witch from hansel and Gretal!) next targets!

She seems to have got herself a bit mixed up between those who want freedom of expression and the resultant escape into the world of truth and those who think the best way forward is to ban and hide alternate theories to the blatently self serving theory of the McCann's - the most unlikely theory of 'stranger abduction'. Duarte is a traitor to the country of Portugal and I pity her and others like her...sleepwalking into facism.

This hearing is an error.What have they really won? Nothing.And they know it: they cant do anything But Goncalo Amaral still has the possibility to use his ressources: the European Courts and this is his strength.It looks like to me that "somebody" made this decision,"somebody" who was even not in the court room.it is totally out of tune but we will see who finally will win.Whatever time it takes

Gerry, Kate explain to me why two EVRD dogs independently signalled multiple locations in and around your appartment and hire car? They, despite your protestations to the contrary, are normally very reliable.If you could then explain why only Kates finger prints were found on the glass of the famous window in a position that is consistent with the opening of the window. I'd be grateful.

All of the above is ,to the best of my knowledge, FACT, not lie, spin or supposition.

Its time to step back... regroup.....and stay calm. Take a look at the positives from this chapter , new information coming to light, mccreeps more openly challenged and rattled, more and more and more people each day realising what this pair are really about and the best thing is we can enjoy all of the above to carry on as each new chapter unfolds. Viva Amaral!

I suppose this outcome was inevitable. The truth is not ready to surface just yet.

We share your disappointment Goncalo and are not surprised that you will continue in your fight. You won't be surprised to know that we shall all continue to support you in that fight. More money needed in the fighting fund so that needs to be promoted.

Many many thanks to Joana and team - I hope you are feeling a little better tonight from your flu.

Hi Isabelle, Kate and Gerry. Hundreds of liars and bandits are in the internet? So you will have a lot of work in the next few years, but always after having shut up one blogger, twenty new bloggers will grow back. It's a Sisyphus work... and you can't get blood from a stone. So it's not so profitable. Ergo: only empty threats.

Isabel Duarte said she trusted "the Portuguese courts" and noted that Kate and Gerry "do not know where Madeleine is"-----So how can these morons claim that the court case showed that there is no evidence that Madeleine came to harm?

Joana: I firmly believe that a similar book to Snr Amaral's in English could be published primarily for an American audience in the USA, with impunity, written perhaps by the legal team. The American courts are more reasonable and would not ban such a book if it was factual and reasonable comment on the PJ evidence in the public domain. Once such a book is out there again, then it will not go away. If the case is not reopened then it is imperative that more and more factual evidence about this case must be made available to the public as widely as possible and quickly. It can and must be done. Please would you suggest this.

WHEN you can provide evidence to support your abduction theory, then and only then will we be able to consider altering our opinions.

Proof of your theory cannot be attained by constant repetition of your words or that of your lawyers. So - where is the evidence? You have no more evidence to support your version of events than you have that can sustain your statement that your child has come to no harm.

Bandits eh ? Well I suppose my ancestors did a little pillaging etc. but we've become quite well behaved now. I'd sooner be classed as a Bandit than a child neglecter or possibly child killer and constant liar and scourge of an honest policeman doing his job. If we have any Bandits to contend with they stayed in P.D.L. from May to September 2007 and fled before they had "Their collars felt", all the way back to Rothley!

The Mccanns can get every book, film, documentary, magazine article, blog, person that doesn't agree with them banned from expressing an opposing view - but it is and has always been THEIR OWN behaviour that makes me have suspicions about what REALLY happened the night Madeleine 'disappeared'.My thoughts will remain uncensored inside my head until this case gets re-opened and investigated by an unhindered and independant team that can find out what really happened, whether this would clear their names once and for all or otherwise. As I said, until then I will always have my suspicions. . . and they can never ban me from having them.

Isabel Duarte: "I believe that my clients are now in a position where they can defend themselves in court."

I wonder if they can offer anything in their defence against THE TRAIL OF DEATH. Is it reasonable to consider, even now 3 years on, that the McCanns had 'A Date With Death'? Hell yes! What do the rented holiday apartment, the hired car and the rented villa have in common? It's Gerry McCann, Kate McCann and their 2 remaining children. And how can Death so decidedly follow 4 people on vacation who have 'lost' a child? You do the math. Death lingers on....

What is really laughable is the way the story changed to Madeleine not having had an accident in the apartment to maybe having a nosebleed. Why? Was there a chance blood would be found? And what's with calling the cadaver dogs unreliable if you're even going to bother to defend the dogs hitting on Kate's pants with the story that she attended to no less than 6 cadavers the week before? 6? Why not 1, 2, or 3? Not enough, I see - it must have been verrry strong to have been detected.

"This is the beginning of a new situation that can reopen the search for Madeleine." I presume this means the pretendy cops will instructed to investigate NOT the real cops? We all know there is no point in looking anywhere as the real cops in the UK and PT did 3 years ago. Nobody is going to get excited and they can play it up all they like. They did not ask for the reopening of the process hence no police are looking. Ask them to morrow when are they going to request the PJ reopen the case??

I just have this to say, and since this blog is likely to be monitored, this is my message for the McCann couple:

McCann couple, stop spending the Portuguese taxpayers' money, and the hard worn money of the citizens of this country. Ask for the reopening of the case to the Police who has jurisdiction in this case, do the reconstruction and help for the truth of what happen to your daughter Madeleine to be established, or do whatever you want to but do not forget one thing: that the physical integrity and moral responsibility of the children is yours, uniquely yours, you who left on consecutive nights 3 children less than 4 years alone in an apartment in a foreign land. It is not the responsibility of Gonçalo Amaral, Ricardo Paiva, the PJ, TVI, Valentim de Carvalho, Guerra & Paz, or of any other Portuguese Citizen. It is yours alone. Stop the spin and do the right thing!

Well said Joanna. The responsibility WAS theirs and they have gone about blaming everybody who dared to criticize them for their negligence. Show us that you are not scared get the process re-opened now or shut the hell up once and for all about no Police are looking for Madeline.

thank you jmuck, we are waiting for the bank to issue a credit card to the solidarity account, in order to validate the paypal's account, we will try to sort that issue with Paypal as soon as possible.

I seem to recall that one of the reasons the Leicestershire Police would not reveal details of their involvement in the search for Madeleine as requested in many Freedom of Request applications:

Leicestershire Police said they will not release any information while the inquiry is ongoing and will never reveal the tactics of their investigation. But internal documents suggest some papers may eventually be published.

We were told this a recently as January this year (see http://joana-morais.blogspot.com/2010/01/madeleine-police-files-under-wraps.html). My interpretation of what the Leicestershire Police are saying is that they are not going to release any information because the inquiry is ongoing.

It seems to me then that some one is not quite telling the truth. The Leicestershire Police say the inquiry is ongoing but the McCanns tell us no-one is looking for their daughter apart from their dodgy detectives.

To ban a book is not a solution for the McCanns nor for Amaral.Internet has published a lot already, people know what the police told.This is a short treatment of chemotherapy but it will not help for long.I expect Isabel Duarte to request the reopening of the process.It is a scandal that sightings were not investigated after the process was shelved.Madaleine depends on her parents and on Mrs. Duarte now.I believe the girl could still be alive, somewhere in Portugal, and I trust her parents will ask now for reopening.It would be also a scandal if the parents would not use this chance.Mrs. Duarte seems to have seen a terrible photo.This must worry them a lot, I'm sure.

If you believe Madeleine could still be alive somewhere could you please give an explanation for the findings of the dogs, the best in the world who have never been wrong. They are telling us that Madeleine is dead.

How could they have got it so wrong?

Or are you willing to simply ignore them as the McCanns would wish us all to?

:)] Isaaabel! "My clients struggle against bandits?". Did I hear you well? Bandits like whom? Like Joana Morais trying to get at the truth by other means than corporate media?

Darling,you are the one who is getting the dirty money. As far as I know this blog is not getting any. Nor do we, visitors, get a cent for sharing our opinions here.

Schu! Schu! Listen Isabelinha! Dogs cannot be wrong that many times in a row besides we have: witnesses' statements that were doctored by the Mc's, contradictions, sightings that were faked (watch out for Murat's boomerang), questions that were not answered, a re-construction that was avoided and last but not least their precipitated flight. Why? Did the Mc's mistrusted the "Port-geese" justice, then and now... hmmm...

Now they have hired you ( another "geese") to defend them and you Madam, like a modern day Judas, pocketed the money and turned against your own people and unsung heroes like Dr. Amaral who are/were key to the the very justice that you dish out (read: dialectic lies, verbal manipulations of one kind or the other as we have just saw). Investigators provide the facts. Lawyers provide the lies - funny how justice works...

I wish I could go on but I need to err...you guessed it.It must have been the Scottish broth I have just eaten. Sorry.

I see that the McCanns are more worried about their good name than worried about Madeleine.It is high time to check on the new informations Isabel Duarte saw.The Portuguese police have gotten them and they can re-start searching for Maddie, immediately after the case is reopened.I never understood the parents allowed the investigations to be shelved.They have the chance now to find their little girl.Let this process be re-opened.

After all, for all intents and purposes they appear to have taken over the case, and are running their own quasi police force who are allowed to go around questioning people, issuing photofits, interfering with witness, and doing literally what the hell they like and nobody in authority says a dickey bird to them.

Gerry McCann is even invited to speak at Conference, and don't forget he was also given a standing ovation by the cops.

Anon 32 "I expect Isabel Duarte to request the reopening of the process.It is a scandal that sightings were not investigated after the process was shelved.Madaleine depends on her parents and on Mrs. Duarte now".

As many people i have strong doubts about Mccann's thesis, but there is something people should understand. The case was shelved : no reliable evidence, Mccann's arguidos status lifted. Therefore Gonçalo Amaral was not at liberty to publish a book in which he "boldly" gives his opinion even based on the police files ; in doing that he "judges" the couple... As a policeman, he should have collared them.The portuguese judge just could not lift the ban on his book, even if she had her own opinion of the case.

A bucketfull of red herrings.Her photos are of children who are "similar".If she had a photo of someone cut in 47 pieces, half eaten by rats and who looked "similar" to Paul McCartney, it would not mean that one of the remaining Beatles had met a rather unfortunate end.

That was not Madame Duarte's or the McCann's initiative. It was Dr. Amaral who first had the idea. Don't let corporate media tell you otherwise.

The problem is: since the McCann's fled the country during the initial investigation I do not see them co-operating now. Do you? Once the process is re-opened by Dr. Amaral they will avoid Portugal like the plague - but this is of course my opinion. Wait and see.

It is blatantly clear there are many high level child neglector and worse supporters, how are they justifying themselves....when other people who have committed such crimes in less serious circumstances have been convicted and with less evidences!

Is it because they feel the Mccanns are "the good people of the world" from goodstock where wrong doings are misjudgements? and the "bad people of the world" are just scum.There is definately some class issues at stake here.

It has become increasingly apparent... the two tiered society we live in within the UK where money equals.. "good people of the world" and the poor equals the "bad people of the world"

They used to say that the cream rises to the top.I have learnt this is not true Shit floats too.Infact i would say nowadays it prevents the cream of the crop getting near the top....the stench is so great.

Everthing to do with this case MUST be kept...they will NOT rewrite the events surrounding this case ..we must all make sure of this.The decision i believe has been made not for legal or justice reasons...but to protect those behind the curtains.

Do not forget what is at stake with this case...Many people are involved and the extent to which would reveal many difficulties for an already volatile UK.The truth of this case would trigger much unrest topped with everthing else that is going on...but the covering up of the death of a 3 y/o child would be the catalyst to huge unstabilty.

It is important to lift the gaze from the details of the case and consider the implications of the "truth" in this case.....very important.It will allow perspective in what you are fighting and its HUGE!Consider what the victory will equal in consequences!!This is not about the Mccanns now rest assure..its about keeping the backroom out of sight.As for Madeleine....the poor child ....they hide behind the sensitivity of the case with no thought for her.....just there own self presevation.

So all you high powered lawyers "just doing your job" watching blogs like this ...I hope you are enjoying your world of money..hope you are high on life with your own importance.But all i ask is you remember this.............theres a 3y/o child that is dead, and has received no Justice to date.Enjoy your money .....your an inspiration !!

Joana, it is useless trying to reason with a couple whose sanity is questionable to say the least. I doubt very much that they are troubled by the fact they were negligent in caring for their children or that their charade has wasted taxpayers' money, they don't care. They only care about how much money they can make from their daughter's death and exacting vengeance on those that came close to finding the truth. You will never get them and their friends to do a reenactment of what took place on May 3rd 2007. The reenactment will make it more evident that the group's declarations to the police don't make sense, they are lies. With regards to reopening the case, if it were not for the upcoming elections in Britain and the political instability in Portugal, I could see them asking for the reopening of the case. If the same characters that are protecting them remain in their lofty perches how is the investigation going to accomplish anything? The police will never get the information they need from England. The evidence in the case file points to the involvement of the parents and their friends. What is the police supposed to do, ignore this evidence and waste taxpayers money chasing false sightings?

I think your appeal should be to the Portuguese and English public. The Portuguese people should not sit passively by while their government takes them for idiots. The government has a lot of explaining to do, they must be accountable to the citizens. The English people should complain about the censorship that exists in their country, yes it's true that the latest decision in Portugal is a blow to freedom of expression however, if you read the commentary sections of most Portuguese newspapers you will still see an array of opinions.

What a strange world we live in. The Mccanns leave three babies unprotected while they go out and are not charged with neglect.Yet a mother faces jail for keeping her child with her while she gets drunk.

Someone far more knowledgable about this case than I said to me today , "They want to get to the investigation itself, they are using all means available to them to get the actual investigation files destroyed" , I think my friend is right.

An interesting REUTERS report that puts a few things in perspective, notice the last end paragraph of the article - the one about the McCanns. Also notice the title.

Portugal upholds ban on book about Madeleine McCann

LISBON (Reuters Life!) - A Portuguese court upheld on Thursday a ban on a book about the disappearance of British toddler Madeleine McCann written by former detective Goncalo Amaral who led the initial investigation.

Published in 2008, Amaral's book, "Maddie: The Truth of the Lie," was removed from shelves following an injunction last September after the McCanns claimed the book defamed them by suggesting Madeleine died in her room in a Portuguese holiday resort and they faked her abduction.

Madeleine McCann disappeared from her room at a resort in the Algarve on May 3, 2007, just days before her fourth birthday, as her parents were dining at a nearly restaurant. The case remains unsolved.

Her parents Kate and Gerry McCann were named as official suspects in September 2007 -- when Amaral was also taken off the case after speaking out against British police -- but this status was lifted 10 months later.

The McCann's lawyer Isabel Duarte welcomed the court's decision which also prohibits Amaral from repeating his allegations in the media. His book was also made into a documentary film.

"The conclusions of this decision confirm absolutely ... the book will be, cannot be, neither reproduced nor sold," Duarte told Reuters Television outside the court.

Duarte also read out a statement by Madeleine's parents Kate and Gerry McCann, who were not in court, in which they said they were relieved with the decision.

"Hopefully this will be the start of good things for Madeleine," she read. "This is the beginning of a new situation to reopen the search for Madeleine with more possibilities."

Duarte added.

The couple are also seeking compensation for defamation in a separate civil case against Amaral which they say would help pay for their own continuing hunt for their daughter who they believe was kidnapped.

Amaral said the court was breaching his freedom of expression and he vowed to continue the fight.

"I always said we were prepared to go to the European Court of Human Rights and do what was necessary to get there," he said.

Only a small percentage of the files have been released. How they would love to get their hands on the rest and do a few visits to various witnesses, just like they did to Murat and Smith and the rest.

Not them personally of course, but one of their close friends like Kennedy who will go for them.

It all helps to be one step ahead if the case gets reopened and they are charged. I think they have planned it all like a military campaign.

They cannot leave anything to chance, like the Gaspar statements. That information must be silenced and not come out in the mainstream media.

So far they have been lucky, but one day soon it may, and the media can end up crucifying a person over something like that, just like they did Murat, and he was completely innocent.

my question is what will the European Court of Human Rights decide.I hope they are not from the same mold as the mep's.

the sort that turn up to sign in for expenses then PI?? off.the sort who corrupt and disregard veto votes....and will not bow to popularism as they boldly express.If the votes not going to go our way....dont let the people vote!Democracy.....dont make me laugh.........dictatorship is closer to the truth.

I just read on the rolling screen of the twittering that Isabel Duarte said part of the judge's ruling was that it would take away from the dignity of the McCanns. Just why would the esteemed judge consider the word dignity so important in a court of law? As the pinkster was one of their witnesses, he must have charmed her and given her a stunning character assessment of the dynamic duo (dignified, stalwart in the fact of adversity, blah, blah, dignified). So, if a serial killer is up before you and they're dignified, then they must be squeaky clean - nothing to look at because they're dignified. Nothing to look at - move on.

I really hope this wasn't in the judge's opinion - maybe it's Dr. Duarte's bullsh*t, but if it was, then it's a sad day.

'' Noone can offend a citizen who was not convicted in court'' says Isabel Duarte. Well she can talk, what about Inspector Pavia, the subject of her pathetic tirade??? Was she not offending him? I hope he sues her for all the cash she stands to make in this. Bandits indeed.

No.55- Dignity of the McCanns- What is ID on??? Begging for money on the back of the disappearance of their daughter and then using it to pay their mortgage= dignity??????? She is certainly using a different dictionary to me if they are a definition of dignity.

Reading again "The court case has demonstrated, once again, that there is no evidence that Madeleine has come to any harm" makes one finally prone to infer a little bit further in the "no evidence of any harm" logic : If no harm was done to Madeleine, then she's well and grows up without trauma. It's sort of losing time to look for her instead of having TV spots once in a while saying "Hi, Madeleine, as we don't have evidence of any harm, we assume you're fine, we miss you though, we'd like you to come home ?".At the beginning surely she must have missed her beloved family, but now she's woven ties with other people, she would certainly miss them, if no harm was done to her. It would then be wiser to wait that she turns autonomous and decides where she feels better finally.

Dictionary definition of Bandit: A violent robber or outlaw belonging to a gang

So. It's NOT okay to call the McCanns names, but it IS okay to call anybody who dosen't believe their 'ludicrous assertion' that their was an 'Abduction'?

Glad we got that one sorted then. For the record I've NEVER believed the McCanns. I've tried to remain objective and see their side of the story. There is 'No evidence' to coin a term, of any 'Abduction' taking place. So what are we to conclude?

I hope Amaral and all who support him fight HARDER against this travesty of justice. I hope Joana and those like her do NOT give up this fight. These appalling parents seem to forget what made them special. It wasn't nor was it ever, the big house, the money, the fancy jobs, the fancy cars, the foreign holidays, their big-money backers that made them special.

It was 3 little children. 1 of which has befallen a terrible wrong. The other 2 who are now deprived of their elder sister.

There is nothing in law, despite what any of them say, that says WE HAVE TO BELIEVE THEIR RIDICULOUS 'ABDUCTION' THEORY.

When we heard that Madeleine was missing we thought straight away that the parents were involved leaving the children on their own every night while they went out and had a good time with all their friends. Maddie cried for a long time and said to her mother why didn't you come when I cried. The next day they went out again and did not worry about the children they knew they would not wake up which they didn't when the flat was full of noisy people. Mr. Amaral knew something was not right because of this he was taken off the case he then later wrote his book. This did not stop people looking for Maddie they had already decided what had happened and that it was a waste of time. The Mccanns had all the british polititions to help them including Mr Brown who appointed Mr Mitchell to look after them. When the sniffer dogs pointed to Mrs Mccann's clothes she said that she had been working with dead bodies, how awful to go on holiday with smelly clothes all the wardrobe must smell of corpses. Now theywant the police to do a full investigation, so why didn't they help the police in the beginning and refused to take part in a reconstruction. They are now telling the police what to do and put the blame on them.No one will go to Portugal on holiday as this whole thing has given it a bad name. They are lying and they are after the money they will never look for Maddie as they know where she is,They should search the church from top to bottom and ask the priest. What has happened to Mr Smith when he saw Mr Mccann carrying a child from the plane and identified him straight away or has Mitchell given him a warning Mr Amaral if you plan anything do not put it on the inet they are watching what you do, keep it quiet because you have a good case We wish you all the best from Germany we all believe Maddie is dead and they are after the money.